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(영문) 광주지방법원 2015.05.20 2015고합57
준강간등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 9, 2014, the Defendant, while drinking alcohol together with the victim (at 20 years of age) at D cafeteria located in Gwangju Mine-gu, Gwangju, the Defendant committed an indecent act by coercion against the victim by forcing the victim, by making the victim’s side drinking by drinking her her m, twice the victim’s her malm, her her malm, and by making the victim’s her malm, who had been under the influence of alcohol.

2.(a)

On November 9, 2014, 21:20-21:25 Gwangju Mine-gu, the Defendant: (a) had drunk alcohol and had the victim engage in drinking so as to have sexual intercourse in reporting the victim who is not able to resist; (b) had the victim knee with the wall; (c) had the victim off knee with knee with the victim’s knee and panty; (d) had the victim knee with her body in the future; and (e) inserted the Defendant’s sexual organ into the victim’s sexual organ behind the victim’s sexual organ, and

B. The Defendant’s day 21:25 to 21:30 above 2-A.

In the place indicated in the port of port, the victim was able to see how the victim was unable to resist in the state of 100 meters away from the Geari-gu, Geari-gu, Geari-gu, Gwangju, with approximately 100 meters away from the location described in the port of port, and was placed on the floor of the victim, and she was raped by inserting the Defendant’s fingers into three to four times

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. A statement made by a senior judicial police officer regarding whether an investigation report has occurred and appropriate for such report;

1. Application of each video-related statute to the extent that the Messenger dialogue, guidance, and field photograph are ssengered;

1. Relevant Articles 298 and 299, and 297 of the Criminal Act (the point of quasi-rape at the time of the market) concerning the facts constituting an offense, the applicable Articles of the Criminal Act and the choice of punishment, Articles 298 and 297-2 of the Criminal Act (the point of quasi-rape at the time of the market No. 2-2(b));

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;

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